Attachement of Earnings Order - Scotland

albreda

Hi

I have received an attachment or earnings order against me. Could anybody advise;

1. Should I not have been notified in writing that this could have happened? And as I was not, do I have any defence?

2. Is there any chance I can pay the debt in full and not have this go on the the records.

Thanks

GeorgeUK

I thought you received a form to fill in from the court. Can i ask how you know you have this order? Did your employer ask about it?

I understand you could contact the court and ask them to suspend the order. You would then need to make arrangements to pay the creditor.

albreda

I was sent a Form 30 Arrestment of Earnings shedule by the debt collector. I details the debt, my employer, the collector etc. I had not recieved any other correspondance.

Laws in Scotlanddo tend to vary, but I'm not sure in this case.

GeorgeUK

As i understand it, they need to go through the court unless they have your employer's details and your agreement to do an AEO.

Are you disputing the debt? Is it a council tax debt or something else?

Edit: Also, if the AEO is not from the court, your employer is under no obligation to pay it.

albreda

Thanks. I'm not disputing the debt, I do owe it, and it is Council Tax.

I shall ask my employer if they have received anything.

GeorgeUK

Sorry, just to be clear on this.

Have you already filled in the form and sent it to them?
If not, then they can ask for the information all they want. You are not required to give them those details or to agree to an AEO.

GeorgeUK

Ah - ok

I suggest contacting either the council or the DCA to arrange repayments.

albreda

Thanks very much. I'll contact the DCA and make arrangement to pay all I owe this week if possible.

Anniek1969

I have also just received an earnings arrestment for council tax. I was paying monthly and missed a payment and received this arrestment this morning. The problem is that I no longer work for the company on the arrestment order and am in fact a SAHM and my DH is self employed.

Any ideas what will happen now. I was going to contact them and offer monthly repayments again. I missed last month as when the payment schedule was put in place my DH was in full time employment and it was fine but he has since become self employed and our earnings have dropped about £5000 in the last year so we have been really struggling. Wrote to them explaining the missed payment but haven't had anything from them until this morning when I received this arrestment order.

Any help appreciated thanks.

GeorgeUK

I suggest phoning them to speak about a repayment plan. Crown debts and those collecting usually take no prisoners, so this will be one of your priority payments. Hopefully if it is only one missed payment they will not take further action if you can make up that payment and continue the others.

Do you have another thread with your SOA? And is it up-to-date?

Anniek1969

I need to re-do my SOA as I haven't done it since he changed jobs but he has taken a big drop in pay in the last year but TBH he only ever earned what he did because he worked countless hours overtime.

Just waiting for my new tax credits award to see how much we'll be getting before I can do that, should be through in the next few days.

Will spend a couple of hours over the weekend to look over my SOA and update it as there are a few smaller debts that have been paid off.

Can't understand why they went straight to an earnings arrestment for one missed payment as i've been paying them for a couple of years and it's the first payment i've missed, seems a bit harsh. Like I said earlier I haven't worked since 2000 so don't know how they got hold of my old employers details.